now reportedly working with a law firm on this so obviously you can see here right now is up about 7%. herbalife obviously says his whole attack is malicious and without basis. >>> we'll look at apple. apple on the move, one of the big tech movers. in this case a tech mover to the downside. tech-heavy nasdaq has been down half a percent. apple is down $4.54 at 515 and change. certainly, lori and tracy, nowhere near that $700 it was in the middle of september when we were talking about 800, a thousand. now everybody is hoping it holds the 500 mark. lori: you can't dip your toe into apple because even at 500 bucks a share it is still pretty rich. >> everybody still wants the product. it's a holiday gift. >> you hit the nail on the head nicole as always. back again in 15 with you. we were talking about this a little earlier. starbucks is urging washington to come together on the fiscal cliff literally. we have video from d.c. starbucks ceo howard schultz telling employees at all washington area stores to write, come together, on all customer cups tomorrow and friday as politicians turn t